Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Case management directions

Legal area

Court

18 Feb 2022

TANG YI JING ALLIANZ LIFE INSURANCE MALAYSIA BERHAD

Citation

WA-A72NCC-33797-10/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCC-33797-10/2021 (Mahkamah Majistret)

The court applied Order 34 and the two‑limb test in Birkett v James, found the plaintiff failed to take positive steps to comply with clear pre‑trial directions and an unless order within a reasonable period and gave no satisfactory explanation, and therefore dismissal of the claim with costs was justified.
8 May 2021

PUSAT PERNIAGAAN MATAHARI SDN BHD & ORS CHUAH SIONG KIEAT

Citation

BA-22NCVC-411-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-411-09/2019 (Mahkamah Tinggi)

Applying the Federal Court factors, the Court found the seven-week delay was not excessive, there was disputed evidence about notice of the case management direction, and the balance of justice and limited prejudice to plaintiffs warranted exercising discretion to grant the extension to file the Defence filed on 11.12.2019.